Fairer Sex: The Ethics of Determining Gender for Athletic Eligibility: Commentary on “Beyond the Caster Semenya Controversy: The Case of the Use of Genetics for Gender Testing in Sport”
There may have been a more highly bungled case of eligibility determination in the history of sports than that involving the track star Caster Semenya of South Africa, but it is hard to think of one. Semenya, as Wonkham and his colleagues point out, was made the subject of worldwide controversy, speculation and, sadly, on the part of some, ridicule when questions arose about her eligibility to compete as a woman in world-class track competitions (Wonkham et al. 2010). Wonkham and colleagues are absolutely on target when they note that any attempt to use genetic information for gender identification purposes ought to be accompanied by adequate counseling, informed consent, and respect for confidentiality. It should be added that genetic testing when used for any purpose in athletics including simple identity verification, screening for risk factors for injury or, to determine the chances of adverse side-effects from competition must be linked to competent counseling, accurate testing, consent, and confidentiality. It is also important that the testing and counseling be undertaken by experts not affiliated directly with teams, coaches, national sports organizations or any other body that might have a direct conflict of interest regarding the outcome of such testing (Callandrillo 2005; Toulmin 1986).
The legacy of the Caster Semenya case for the future use of genetic and biological information in eligibility determinations requires answering two key questions. The first is: Why undertake gender determination in athletic competitions? The second is: What role ought biology and genetics play in such determinations? The answer to the first question has more to do with social values than pure biology. The answer to the second question has more to do with the functional assessment of an individual athlete's skill and potential than pure biology or genetics.
The reasons for undertaking gender determination in sports are partly conventional and partly from a concern for fairness.
Historically, mixing the sexes was frowned upon in sport, even when those sports had little to do with upper body strength or when body size did not disadvantage women. In fact, historically, women were discouraged in most societies, from competing in sports at all (Guttmann 1992). For instance, there were no women's events in the first modern Olympics in 1896. In many cultures men and women were prohibited by religious restrictions from the behavior required for athletic competition. But, as women gained more equality in societies in the twentieth century, women's sports rapidly grew and evolved.
Some sports now have men and women cooperating as a team against other mixed-gender teams (e.g., figure skating, tennis, badminton). Women have and do compete successfully against men in archery and other shooting sports, motor sports, golf, billiards, sled-dog racing, equestrian events, ultra-marathons and sailing. In part, segregation of athletes by gender is a matter of culture, convention and history.
The other key reason for the division of the sexes is to insure fair competition and to prevent injuries. Just as many sports divide competitors by weight class or level of experience for reasons of enhancing competitiveness and injury reduction, men have been prohibited from competing with women for the same reasons. Men have higher levels of testosterone and greater muscle-to-fat ratio and heart and lung capacity which can be significantly advantageous in competition in some sports.
In separating the sexes for reasons of convention, safety and competitiveness those who undergo transsexual surgery pose one of the greatest challenges to eligibility determination. In thinking about the Semenya case it is instructive to note that transsexuals were allowed to compete in the Olympic games in Athens in 2004 (Coggan et al. 2008). The conditions placed on their participation were that their gender be legally recognized and that they have undergone at least 2 years of post-operative hormone therapy. At least at this elite level of international competition, gender has been recognized as both a social/legal concept and a biological one.
So, there do appear to be sound reasons for separating the sexes in athletics including history and historical continuity of the sport, safety, and competitiveness. If these are the reasons, or at least some of them, they point toward an answer concerning cases such as that of Caster Semenya about how to use biology to determine gender for eligibility.
Physical appearance and traits may be relevant in the social or legal determination of sex and thus may be involved in eligibility determination in sports. But, much more important is the value placed on safety and competitiveness.
The issue is not so much who has what genes, or who has what hormone levels, but whether someone will gain an unfair advantage due to their biology in competition due to biology or be exposed to a high level of injury if permitted to compete. In football, rugby, hockey, basketball, field hockey, lacrosse, water polo and other highly physical sports, those faced with gender eligibility determinations must remain alert to the safety of the athlete. In other sports such as track and field, gymnastics, diving or swimming concern for safety need not be given much emphasis.
In assessing competitiveness a standard similar to that used in assessing the use of artificial limbs and organs should apply (Weyand and Bundle 2009). If an athlete's gender is called into question the task of scientists and physicians is to determine if genetics or biology have conferred an advantage upon the competitor that others in the gender group lack or could not obtain through training and practice. The question is not simply a matter of gonads, genes, or hormones, but has biology or genetics conferred an unfair advantage on this particular athlete that others in the same class and competition lack (Caplan 2008). A functional analysis on a case-by-case basis would seem to be the best way to handle efforts to use genetic testing and other biological information to keep the athletes separate in those sports where convention, history, safety and competitiveness require gender identification.
